Digital Commons Network^™

Official Indiscretions: Considering Sex Bargains With Government Informants, Susan S. Kuo

Faculty Publications

This article addresses an alarming new investigatory practice employed by law enforcement officials: requiring arrestees to carry out sexual tasks as confidential informants. Requiring arrestee informants to engage in sexual activities in exchange for a reduction or possible elimination of criminal penalties they might otherwise incur raises constitutional concerns. Informants can and do accept a variety of investigative assignments. But, as this article shows by drawing on sociological research, sex tasks differ fundamentally from more conventional informant undertakings. The importance of this distinction is that while adult individuals undoubtedly can provide consent to sexual matters, the validity of such consent …

April 26, 2005 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

Using The Law Library: A Guide For Educators Part Iv: Secondary Sources To The Rescue Education Law Research, William A. Hilyerd

The Journal of Law and Education

No abstract provided.

Waiver Raised To The Second Power: Waivers Of Evidentiary Priviledges By Lawyers Representing Accused Being Tried In Absentia, Francis A. Gilligan, Edward J. Imwinkelried

South Carolina Law Review

No abstract provided.

Dr. Herbert Alan Johnson: Scholar, Colleague, Teacher, Mentor, And Friend, W. L. Burke

South Carolina Law Review

No abstract provided.

The Federal Sentencing Guidelines After Blakely And Booker: The Limits Of Congressional Tolerance And A Greater Role For Juries, M.K.B. Darmer

South Carolina Law Review

No abstract provided.

March 2, 2005 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

February 2, 2005 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

2004-2005 Faculty Senate Annual Report, University Of South Carolina

Faculty Senate

The primary file includes the 2004-2005 Athletics Advisory Committee Annual Report. Additional annual reports are attached.

Racial Threat, Urban Conditions And Police Use Of Force: Assessing The Direct And Indirect Linkages Across Multiple Urban Areas, Karen F. Parker, John M. Macdonald, Wesley G. Jennings, Geoffrey P. Alpert

Faculty Publications

Traditionally explanations of police use of force have relied on a racial threat perspective. Tests of this perspective, however, typically offer a single indicator of threat (the relative size of the black population) and fail to adequately take into account the complex relationship between racial threat and police use of force. Drawing on racial threat, social disorganization, and police use of force literature, this study hypothesizes that macro-level patterns in police use of force are embedded in the racial and structural composition of cities and the organizational climate of local politics and police departments. The present study examines these relationships …

Punishment And Rehabilitation Views Of Social Work Majors And Non-Social Work Students: An Exploratory Study, Eric G. Lambert, Sudershan Pasupuleti, Reva I. Allen

Journal of the South Carolina Academy of Science

No abstract provided.

Cybersecurity, Identity Theft, And The Limits Of Tort Liability, Vincent R. Johnson

South Carolina Law Review

No abstract provided.

December 1, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

November 3, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

Crawford V. Washington And The Irretrievable Breakdown Of A Union: Separating The Confrontation Clause From The Hearsay Rule, Thomas J. Reed

South Carolina Law Review

No abstract provided.

September 29, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

September 1, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Josh Gupta-Kagan

Faculty Publications

This essay presents one doctrinal method for lawyers to defend children accused of criminal charges in juvenile or adult court: attacking the applicability of the twenty-year old case, New Jersey v. T.L.O., to most school searches. T.L.O. based its application of a lower standard for searches of students by school officials on the presumption that firm gates separate public school from law enforcement and criminal justice institutions. Later administrative search cases inside and outside of the school context show that tee lower standard of T.L.O. depends entirely on programmatic purposes that distinguish school systems and ordinary law enforcement. Porous schoolhouse …

Culture Clash: Teaching Cultural Defenses In The Criminal Law Classroom, Susan S. Kuo

Faculty Publications

In the law school classroom, the Socratic method of legal analysis removes a dispute at issue in a given case from its sociocultural context and takes the cultural backgrounds of the parties into account only when they serve the legal argument. The language of the law commands law students to siphon off the emotional and cultural content because of the enduring belief that the law is neutral and impartial. Accordingly, cultural conflicts are deemed irrelevant to legal analysis because laws are unbiased and culture-blind. This detached outlook has been termed perpectivelessness to denote a neutral, odorless, colorless non-perspective.

This essay …

Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Josh Kagan

The Journal of Law and Education

No abstract provided.

June 23, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

April 29, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

April 7, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

Just Say Yes: Sell V. United States And Inadequate Limitations On The Forced Medication Of Defendants In Order To Render Competence For Trial, Aaron R. Dias

South Carolina Law Review

No abstract provided.

Identity Protection For Sexual Assault Victims: Exploring Alternatives To The Publication Of Private Facts Tort, Kimberly Kelley Blackburn

South Carolina Law Review

No abstract provided.

Duties And Responsibilities Of Lawyers In Light Of In Re Myers: Are You Aware, Sarah Theresa Eibling

South Carolina Law Review

No abstract provided.

Toward A Better Benchmark: Assessing The Utility Of Not-At-Fault Traffic Crash Data In Racial Profiling Research, Geoffrey P. Alpert, Michael R. Smith, Roger G. Dunham

Faculty Publications

As studies on racial profiling and biased policing have begun to proliferate, researchers are debating which benchmark is most appropriate for comparison with police traffic stop data. Existing benchmark populations, which include populations estimated from census figures, licensed drivers, arrestees, reported crime suspects, and observed drivers and traffic violators, all have significant limitations. This article offers a new, alternative benchmark for police traffic stops, a benchmark that has not been previously applied or tested in a racial profiling research setting. The analysis presented compares traffic observation data, gathered at selected, high volume intersections during an ongoing racial profiling study in …

March 3, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

February 11, 2004 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

Instruct The Jury: Crane's Serious Difficulty Requirement & Due Process, Kenneth Gaines

Faculty Publications

No abstract provided.